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TIBURON, INC. 3 - 2009
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TIBURON, INC. 3 - 2009
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Last modified
1/3/2012 1:59:58 PM
Creation date
1/21/2010 8:44:52 AM
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Contracts
Company Name
TIBURON, INC.
Contract #
N-2009-146
Agency
Fire
Expiration Date
3/1/2010
Destruction Year
2016
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Payment Date during the term of this Agreement or shall be payable within thirty (30) days of receipt unless <br />otherwise specifically provided. <br />4.4. Consequences of Late Payment. Failure to pay any amount owing hereunder when such <br />amount is due shall constitute a material default under this Agreement and would result in the termination of <br />this Agreement in all or part. The Client shall reimburse Tiburon for all collection fees, including reasonable <br />attorneys' fees and expenses, incurred by Tiburon in connection with the collection of any amount owing <br />hereunder. Tiburon reserves the right to charge the Client an administrative fee to reinstate any part of its <br />support that has lapsed due to nonpayment. The administrative fee shall equal ten percent (10%) of the then- <br />current annual support fee for the lapsed support. <br />Client Responsibilities <br />5.1. Tiburon Service Request. The Client shall provide all information requested by <br />Tiburon necessary to complete its Tiburon Technical Service Request form for each request for technical <br />services, Enhancements, and Out of Scope Services. <br />5.2. Remote Access. The Client shall install and monitor during the term of this <br />Agreement a dedicated high-speed data connection and any other networking equipment specified by Tiburon to <br />provide Tiburon remote access to the System. Tiburon shall not be responsible for any costs relating to the <br />procurement, installation, maintenance and use of such equipment and all associated telephone use charges. <br />Tiburon shall use the data connection solely in connection with the provision of its services hereunder. The <br />Client shall run appropriate tests following each remote access as requested by Tiburon. If the Client fails to run <br />necessary tests as required in this Section 5.2, Tiburon will provide such services and will charge the Client for <br />such services at Tiburon's then current technical service rates plus all related travel, per diem and other <br />expenses. <br />5.3. Physical Access. The Client shall provide Tiburon with physical access to the System <br />at any time during normal business hours. After normal business hours, the Client shall ensure that one of the <br />Technical Support Coordinators designated under Section 5.11 hereof (Technical Support Coordinators) can be <br />reached by phone or pager to (a) provide physical access to the System within two (2) hours of Tiburon's <br />request for such access, and (b) remain on-site until Tiburon determines that there is no longer a need for <br />physical access. <br />5.4. Maintenance and Back-Ups. The Client shall ensure that maintenance and back-up <br />activities relating to the Covered Applications and the System, including without limitation backing up databases <br />and journal logs, purging out of date records and running reports and performing diagnostics as requested by <br />Tiburon, are carried out in accordance with the schedule and methodology specified in Exhibit 6 (Back Up <br />Schedule and Procedures) attached hereto and incorporated herein by this reference. <br />5.5. Data Input. The Client shall enter, update and maintain the input data as may be <br />required by Tiburon for satisfactory operation of the Covered Applications, and be responsible for the <br />accuracy of all Client-provided data. <br />5.6. Third-Party Product Support. The Client shall obtain, pay for and maintain in effect <br />during the term of this Agreement the technical support contracts for certain Third-Party Products as specified <br />on Exhibit 4 attached hereto and incorporated herein by this reference, and shall ensure that, in addition to <br />authorizing the Client to request support services there under, each such support contract also expressly <br />authorizes Tiburon to request support services there under on the Client's behalf. <br />5.7. System Security. The Client shall ensure that the security of the System conforms in <br />all respects to the federal, state, and/or local mandated law enforcement telecommunications requirements. <br />The Client shall ensure that no workstations have access to the Covered Applications other than those licensed <br />by Tiburon to access the Covered Applications. <br />Page 4 of 14 <br />Santa Ana Master Support Agreement <br />
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